Louisiana Civil Code

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CHAPTER 7 - HOW PRIVILEGES ARE PRESERVED AND RECORDED

Art. 3271. The vendor of an immovable only preserves his privilege on the object, when he has caused to be duly recorded at the office for recording mortgages, his act of sale, in the manner directed hereafter, whatever may be the amount due to him on the sale.

Art. 3272. Architects, undertakers, bricklayers, painters, master builders, contractors, subcontractors, journeymen, laborers, cartmen, masons and other workmen employed in constructing, rebuilding and repairing houses, buildings, or making other works; those who have supplied the owner or other person employed by the owner or his agent or subcontractor with materials of any kind for the construction or repair of his buildings or other works; those who have contracted, in the manner provided by the police regulations, to make or put in repair the levees, bridges, canals and roads of a proprietor, preserve their privileges, only in so far as they have recorded, with the recorder of mortgages in the parish where the property is situated, the act containing the bargains they have made, or a detailed statement of the amount due, attested under the oath of the party doing or having the work done, or acknowledgment of what is due to them by the debtor.

The privileges mentioned in this article are concurrent.

Art. 3273. Privileges are valid against third persons, from the date of the recording of the act or evidence of indebtedness as provided by law.

Art. 3274. No privilege shall have effect against third persons, unless recorded in the manner required by law in the parish where the property to be affected is situated. It shall confer no preference on the creditor who holds it, over creditors who have acquired a mortgage, unless the act or other evidence of the debt is recorded within seven days from the date of the act or obligation of indebtedness when the registry is required to be made in the parish where the act was passed or the indebtedness originated and within fifteen days, if the registry is required to be made in any other parish of this State. It shall, however, have effect against all parties from date of registry. [Amended by Acts 1877, No. 45]

Art. 3275. In addition to any other requirement that may be provided by general or special law, every act or other document evidencing a privilege that is filed for recordation in accordance with this Chapter shall contain the date of birth of all parties named in the act or document. The failure to include the date of birth of all parties shall not affect the validity of the act or instrument. No clerk of court or recorder of mortgages shall refuse to accept for recordation any act or instrument which does not contain the date of birth of all parties. [Acts 1995, No. 1295, §2]

Art. 3276. The charges against a succession, such as funeral charges, law charges, lawyer fees for settling the succession, the thousand dollars secured in certain cases to the surviving spouse or minor heirs of the deceased, and all claims against the succession originating after the death of the person whose succession is under administration, are to be paid before the debts contracted by the deceased person, except as otherwise provided for herein, and they are not required to be recorded. [Amended by Acts 1979, No. 711, §1]

 

CHAPTER 8 - OF THE MANNER IN WHICH PRIVILEGES ARE EXTINGUISHED

Art. 3277. Privileges become extinct:

1. By the extinction of the thing subject to the privilege.

2. By the creditor acquiring the thing subject to it.

3. By the extinction of debt which gave birth to it.

4. By prescription.